Specific Relief – Injunction – Plaintiff's suit for cancellation of sale deed and declaration dismissed – Permanent injunction granted by trial court restraining defendant from disturbing plaintiff's possession – High Court upheld injunction – Supreme Court held once plaintiff lost title claim, no injunction should be granted against true owner – Injunct...
Service Law – Suspension and Reinstatement – Appellant's dismissal set aside by appellate authority – Appellate authority directed period of suspension and dismissal to be treated as dies non – Supreme Court held appellate authority's order imposing dies non not a recognized penalty – Remitted case to competent authority to determine how period should be treat...
SARFAESI Act - Transfer of Property - Writ Petition for NOC – Property mortgaged to bank and sold under SARFAESI Act – Sale certificate issued and registered by Sub Registrar – Chandigarh Housing Board’s refusal to issue NOC and record the transfer held untenable – No statutory provision allowing refusal – Sale complete upon registration – Petition allowed...
Service Law – Promotion and Seniority – Appellant's promotion to Office Superintendent quashed by High Court – High Court favored respondent due to earlier entry into service and promotion by reservation benefit – Supreme Court emphasized seniority-cum-merit criterion, upheld higher pay scale and unblemished record of appellant as basis for promotion – Promotion t...
Civil Procedure - Execution of Decree - Mandatory Procedure - Order XXI, Rule 34 CPC - Decree for specific performance - Draft sale deed not served to judgment debtor - Court's duty to serve draft, invite objections, and consider them before execution - Execution of sale deed without following procedure quashed [Paras 9-16].
Execution of Decree - Non-Compliance with Procedural Req...
Customs Act, 1962 - Section 129E - Pre-Deposit Requirement - Applicability - Appellant penalized for smuggling - Tribunal dismissed appeal for non-compliance with pre-deposit requirement under amended Section 129E - High Court upheld Tribunal's order - Appeal to Supreme Court on grounds that amended provision should not apply to acts committed before its substitution [Paras 1-3].
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Constitution of India - Article 226 - Writ Petition - Specific Performance of Contract - High Court issued a writ of mandamus virtually granting specific performance of a work order in a writ petition under Article 226 - Supreme Court held such a writ could not be issued when there were disputed questions of fact and no evidence that goods were manufactured as per specifications [Paras 8-8.1].
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Constitution of India - Article 226 - Writ Petition - Specific Performance of Contract - High Court dismissed writ petition seeking specific performance of a contract after significant delay - Supreme Court upheld High Court's decision, noting that writ petitions for specific performance are not maintainable especially after long delays [Paras 4-6].
Delay and Laches - Representati...
Insolvency and Bankruptcy Code, 2016 - Section 62 - Resolution Plans - Modifications - NCLT allowed modifications to resolution plans submitted by the appellant and other resolution applicant - NCLAT upheld NCLT's decision - Supreme Court declined to interfere, noting that modifications were to maintain level playing field and no prejudice was caused to appellant [Paras 2-18].
Res...
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 - Section 14(1A) - Appointment of Advocate - District Magistrate (DM) or Chief Metropolitan Magistrate (CMM) can appoint an advocate to take possession of secured assets and documents - Advocate considered an officer of the court and subordinate to CMM/DM for the purposes of Section 14(1A) - Advoca...